- 21 - Target. The total claimed by petitioners ($2,800,000) was allegedly based on calculations conducted by E&Y at the time of the exchange. No documents related to that analysis were proffered as evidence. Respondent’s total basis from Excellence ($1,427,039) was explained by stipulation as: $50,000 Initial investment 312,699 Income from FYE 1994 807,012 Income from FYE 1995 257,328 Income from FYE 1996 According to stipulation, 25 percent of the Excellence stock was exchanged for Alofs and 75 percent for Target.6 As a threshold matter, it should be observed that both sides’ computations are problematic when considered vis-a-vis the record in this case. Many of the components claimed by petitioners are unsubstantiated by any documentary evidence, and what explanations were offered at trial and on brief are opaque and rambling. Respondent’s calculations, while giving an initial impression of precision, take on a seemingly inexplicable randomness when evaluated in light of the underlying record. 6 While the parties’ stipulations to some extent separate allegations pertaining to Alofs and Target, their discussions at trial and on brief generally address the matter of basis in the two entities in a collective sense. The evidence in the record also typically does not make a distinction. For example, the $6 million loan was to be used to purchase the stock of Alofs and Target, not just Alofs as the stipulations would suggest. Accordingly, the Court’s discussion to follow will likewise proceed in a generally collective fashion.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011